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Proposed Downtown Tigard Code Amendments

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Table of Contents pp. 4-6 Proposed Land Use and Zoning Map Changes p. 7 Proposed MU-CBD Land Use Table pp. 8-30 Proposed Tigard Downtown District Site and Building Design Standards

I. Purpose and Procedures A. Purpose B. Conflicting Standards C. Downtown District Building Type Areas D. Definitions and Development Standards for Building Types E. Approval Process F. Pre-Existing Uses and Developments

II. Building and Site Design Standards (Tracks 1, 2, and 3)

A. Site Design Standards For All Building Types B. Building Design Standards For All Building Types C. Building Design Standards For Commercial and Mixed Use

Building Types D. Building Design Standards For Multi-Family Residential E. Building Design Standards for Single Family Attached Buildings

III. Design Guidelines (Track 3 only)

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Commentary for Downtown Tigard Code Amendments: The proposed Code Amendments are intended to implement the Tigard Downtown Improvement Plan. The Downtown Chapter of the Comprehensive Plan establishes the policy framework for necessary code amendments. Plan policies and concepts will primarily be implemented by amendments to the Community Development Code. Development code amendments fall into two basic categories:

o New code section: Tigard Downtown District Site and Building Design Standards

o Amendments to the existing code section: Commercial Zoning Districts (18.520) The Tigard Downtown District Site and Building Design Standards Chapter are comprised of amendments that create a new section in the development code. The chapter provides new development standards to address dimensional requirements (such as structure height and setbacks), building design, site planning, requirements for special areas and sites, and provisions for adjustments for specific conditions. The site and design standards are triggered when application for new development is made. Building typologies are identified for specified areas and parcels of the downtown. Although Map X may specify single family attached or multi-family residential buildings for a parcel that currently has an office building, the office building would not be considered nonconforming. Only when a new development is proposed for the site, would the new specified building types be required. If the existing office building were destroyed by fire, etc., it could be re-established within one year. The proposed amendments modify Commercial Zoning Districts (Section 18.520). These changes establish a Mixed Use-Central Business District (MU-CBD.) It would replace the Central Business District (CBD) zone and expand the zone boundaries to include all properties in the Urban Renewal District – which are currently zoned Central Business District (CBD), General Commercial (C-G), Commercial and Professional Commercial (C-P), and five properties zoned R-4.5. Amendments to other existing development code sections include the Appendices. Additional Chapters Needing Updating 18.745.1 Landscaping CBD in buffer matrix 18.765.060 Parking Structure Design Standards 18.760 Nonconforming Situations

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Proposed Land Use Zoning Changes Chapter 18.520 Commercial Zoning Districts E. Mixed Use-Central Business District MU-CBD The MU-CBD zoning district is designed to provide a pedestrian friendly urban village in Downtown Tigard. A wide variety of commercial, civic, employment, mixed-use, multi-family and attached single family residences are permitted. New buildings are required to conform to one of building forms found in this Chapter and shown on Map 18.X. 18.520.060 Additional Development and Design Guidelines B. Interim requirements in the CBD zone 1. In the absence of an adopted design plan, the following issues, under Subsection B.1.c. must be addressed for new developments as necessary to serve the use and provide for projected public facility needs of the area, pursuant to Chapter 18.810 as determined by the Director. a. The City may attach conditions to any development within an action area prior to adoption of the design plan to achieve the following objectives: (1) The development shall address transit usage by residents, employees and customers if the site is within 1/4 mile of a public transit line or transit stop. Specific items to be addressed are as follows:

(a) Orientation of buildings and facilities toward transit services to provide for direct pedestrian access into the building(s) from transit lines or stops; (b) Minimizing transit/auto conflicts by providing direct pedestrian access into the buildings with limited crossings in automobile circulation/parking areas. If pedestrian access crosses automobile circulation/parking areas, paths shall be marked for pedestrians; (c) Encouraging transit-supportive users by limiting automobile support services to collector and arterial streets; and (d) Avoiding the creation of small scattered parking areas by allowing adjacent developments to use shared surface parking, parking structures, or under-structure parking;

(2) The development shall facilitate pedestrian/bicycle circulation if the site is located on a street with designated bike paths or adjacent to a designated greenway/open space/park. Specific items to be addressed are as follows:

(a) Provision of efficient, convenient and continuous pedestrian and bicycle transit circulation systems, linking developments by requiring dedication and construction of pedestrian and bike paths identified in the comprehensive plan. If direct connections cannot be made, require that funds in the amount of the construction cost be deposited into an account for the purpose of constructing paths;

(b) Separation of auto and truck circulation activities from pedestrian areas; (c) Encouraging pedestrian-oriented design by requiring pedestrian walkways and street

level windows along all sides with public access into the building; (d) Provision of bicycle parking as required under Subsection 18.765.050; and

(e) Ensure adequate outdoor lighting by lighting pedestrian walkways and auto circulation areas. (3) Coordination of development within the action area. Specific items to be addressed are as follows: (a) Continuity and/or compatibility of landscaping, circulation, access, public facilities

and other improvements. Allow required landscaping areas to be grouped together. Regulate shared access where appropriate. Prohibit lighting which shines on adjacent

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property; (b) Siting and orientation of land use which considers surrounding land use, or an adopted plan. Screen loading areas and refuse dumpsters from view. Screen commercial and industrial use from single-family and residential through landscaping; and (c) Provision of frontage roads or shared access where feasible. B.2. Existing nonconforming industrial structures at the following locations may continue to be utilized for I-P Industrial uses after the nonconforming use limit of six months: Map 2S 1 2AA tax lot 4700, Map 2S 1 2AC tax lot 100 and 202, Map 2S 1 2AD tax lot 1203, Map 2S 1 2DB tax lot 100, and Map 2S 1 2DA tax lot 300.

Commentary: The language of Section .B.1 will be deleted as the Design Regulation Chapter replaces it. In the current Development Code, six properties are specified to be allowed to continue to be utilized for I-P Industrial uses after the nonconforming use limit of six months: this will continue, with the exception of 2S 1 2AA tax lot 4700, which has changed uses from I-P Industrial to commercial (currently a ballroom dance hall.) The new land uses for the MU-CBD will be inserted into Table 18.520.1, Use Table, replacing the CBD zone. For Table 18.520.2 Commercial Development Standards, the CBD column will be replaced by a column for MU-CBD. There will be an asterisk directing the user to the Downtown Design Standards chapter, for specific development standards for the building form.

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Existing zoning map Proposed zoning map

MU-CBD

Proposed Land Use Table- MU-CBD Zone

Use CategoryPresent

Zoning CBDPresent Zoning

C-GPresent Zoning

C-PNew MU-CBD

Zone*

Residential

Household Living R (17) R (11) R (13) P

Group Living P C N P

Transitional Housing C C N P

Home Occupation R R R P

Housing Types

Single units attached P N/A N/A P

Multi-family Units P N/A N/A P

Manufactured Units P N/A N/A N

Mobile Home Parks, Subdivisions P N/A N/A R [X]

Civic (Institutional)

Basic Utilities C N C C

Colleges N N N P

Community Recreation P N N P

Cultural Institutions P P P P

Day Care P P P P

Emergency Services P P P P

Medical Centers C C C C

Postal Service P P P P

Public Support Facilities P P P P

Religious Institutions P P C P

Schools N N N N

Social/Fraternal Clubs/Lodges P P P P

Commercial

Commercial Lodging P P R (14) P

Eating/ Drinking Establishments P P R (15) P

Entertainment OrientedMajor Event Entertainment C C N C

Outdoor entertainment P P R (15) C

Indoor Entertainment P P P P

Adult Entertainment C C N N

General RetailSales Oriented P P R (16) P

Personal Services P P P P

Repair Oriented P P N P

Bulk Sales N P N R [X]

Outdoor Sales N P N N

Animal-related N N N N

Motor Vehicle RelatedMotor Vehicle Sales/Rental C P/C [12] N R [X]

Motor Vehicle Servicing/Repair R [18] P/C [12] N R [X]

Vehicle Fuel Sales C C N R [X]

Office P P P P

Self-service Storage N C N R [X]

Non-Accessory Parking P P P P

Industrial

Industrial Services N N N N

Manufacturing and Production N

Light Industrial N* N N N

General Industrial N N N N

Heavy Industrial N N N N

Railroad Yards N N N N

Research and Development N N N C

Warehouse/Freight Movement N N N N

Waste-Related N N N N

Wholesale Sales C N N N

Other

Agriculture/ Horticulture N N N N

Cemeteries N N N N

Detention Facilities C C N C

Heliports C C C N

Mining N N N N

Wireless Com. Facilities P/R [3] P/R [3] P/R [3] P/R [3]

Rail Lines/Utility Corridors P P P P

Other C C NA C

* All Development subject to Chapter 18.610 Downtown Urban Renewal Standards and Map 18.610X[3] See Chapter 18.798 Wireless Communication facilities[11] A single-family unit providing that it is located on the same site with a permitted or conditional use in and is occupied exclusively by a caretaker or superintendent of the permitted or conditional use. Multi-family housing is permitted as part of a PD[12] ] Cleaning, sales and repair of motor vehicles and light equipment is permitted outright; sales and rental of heavy vehicles and farm equipment and/or storage of recreational vehicles and boats permitted conditionally.[13] Multi-family residential units, developed at R-40 standards, only in the C-P District within the Tigard Triangle and Bull Mountain Road [14] Restaurant permitted with restriction in size in conjunction with and on the same parcel as a commercial lodging use.[15] As accessory to offices or other permitted uses, the total space devoted to a combination of retail sales and eating/drinking establishments may not exceed more than 20% of the entire square footage within the development complex.[16] May not exceed 10% of the total square footage within an office complex.[17] Single-family attached and multi-family residential units, developed at R-40 standards, except (R-12 PD)[18] Motor vehicle cleaning only

[X] Only for properties that had conforming uses and were previously zoned C-G or CBD (as of ___2008)

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Proposed Tigard Downtown District Site and Building Design Standards I. Purpose and Procedures A. Purpose: 1. The objectives of the Tigard Downtown Site and Building Design Standards are to implement the Comprehensive Plan, Tigard Downtown Improvement Plan, and Urban Renewal Plan and ensure the quality, attractiveness, and special character of the Downtown. The regulations are intended to:

a. Facilitate the development of an urban village by promoting the development of a higher density, economically viable, and aesthetically pleasing pedestrian oriented downtown where people can live, work, play and shop for their daily needs without relying on the automobile. The quality and scale of the downtown urban environment shall foster social interaction and community celebration.

b. Integrate natural features and the open space system into Downtown by promoting development sensitive to natural resource protection and enhancement; addressing the relationship to Fanno Creek Park; and promoting opportunities for the creation of public art and use of sustainable design.

c. Enhance the street level as an inviting place for pedestrians by guiding the design of the building “walls” that frame the right-of-way (the “public realm”) to contribute to a safe, high quality pedestrian-oriented streetscape. Building features will be visually interesting and human scaled, such as storefront windows, detailed façades, art and landscaping. The impact of parking on the pedestrian system will also be limited. The downtown streetscape shall be developed at a human scale and closely connected to the natural environment through linkages to Fanno Creek open space and design attention to trees and landscapes.

d. Promote Tigard’s Downtown as a desirable place to live and do business. Promote development of high-quality high density housing and employment opportunities in the Downtown.

e. Provide a clear and concise guide for developers and builders using form based code principles by employing greater use of graphics to explain community goals and desired urban form to applicants, residents and administrators.

B. Conflicting standards: The following design standards and land use regulations apply to all development within the Downtown Mixed Use Central Business District. With the exception of engineering and public work requirements, if a standard found in this

A.1d. Commentary: References Comprehensive Economic Development Action Measure 9.xii.

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section conflicts with another standard in the Development Code, the standards in this section shall govern, even if less restrictive than other areas of the code. C. Building Types Location Map X identifies which building types are allowed at locations within the Downtown. The map applies to new development only.

C. Commentary: Map X identifies the form based building types that are allowed in the downtown. The map applies to new buildings and where practicable to remodeling and other changes to existing buildings that substantially change their exterior form in terms of mass, scale, façade, type, etc.) A proposal to construct a type of building different than that designated by the map may be considered through the Type III Development Review Board process. The Form Based Building Design Code is intended to provide greater flexibility in the types of uses that may be allowed through the traditional zoning code. The reasons are to:

Provide a greater range of land use opportunities anywhere in the downtown. Tigard’s objective is to promote redevelopment of the downtown and wishes to ensure that a wide range of compatible uses can locate anywhere within the MU-CBD district

Be more responsive to the real estate market. Create a functional, well-designed, and economically viable Downtown district. Establish a unified and cohesive design character Provide options to develop a wide range of business enterprises and housing

opportunities.

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Map X

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1. Highway 99W and Hall Boulevard Corridor area is intended to create a “pulse-point” along the 99W corridor. Located at the intersection of 99W and Hall Blvd., the area has the high traffic and visibility to draw potential retail customers from the region. It will also serve the potential for future high capacity transit in the corridor. The area will accommodate higher levels of vehicular circulation, while maintaining a pedestrian scale at the ground-floor level of buildings. It would allow development of Corridor Mixed Use and Corridor Retail buildings that could vary in scale from two-story retail-only buildings, to mixed use buildings up to eight stories tall with retail on the ground floor and residential and/or office uses above.

2. Main Street: The area is centered on the City’s historic downtown Main Street. It is intended to be a pedestrian oriented with smaller scale development that would function like a “traditional Main Street.” A pedestrian environment would be improved with a continuous building wall broken only intermittently. New development is restricted to Storefront Mixed Use buildings. Multi-family residential housing is permitted above first floor commercial uses. Newly developed buildings fronting on Main Street will have a minimum height of two stories and a maximum of three stories.

3. Plaza Area: The City has completed a master plan for a Downtown Public Plaza.

Storefront mixed use, multi-family residential, and single family attached buildings, with a minimum of two stories and a maximum of three are permitted in the area that surrounds the Plaza, so as not to overwhelm or cast shows on the plaza. Active groundfloor uses (sales-oriented retail, and eating and drinking establishments) are required in properties that directly abut the plaza.

4. The Mixed Use Employment area is intended to provide an employment base comprised of civic, office and employment uses, while also allowing medium to high density multi-family housing and storefront commercial buildings appropriate to the character of the Downtown. The area allows single use office and employment space or mixed use developments with commercial/employment uses on the ground floor and residential above.

5. The Mixed Use Residential area requires residential uses to be part of any mixed

use development; ground floor uses may include retail or office. This area would allow for higher density housing (up to 6 stories.)

6. Fanno Creek Residential provides a predominately residential area with a mix of Multi-Family Residential and Single Family Attached Buildings. Compatible mixed-uses (live-work, convenience retail and personal services) are allowed on the frontage of Burnham Street. The area closer to Fanno Creek Park will be an

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opportunity to create a high quality residential environment with views and access to the natural amenity of Fanno Creek Park. Building heights are limited to three stories so as not to overwhelm or cast shadows on the park.

D. Definitions and Development Standards for Building Types:

1. New buildings in the Downtown will conform to one of the following building types and follow the corresponding building type development and design standards. Mixed Use and Commercial Building Types a) Storefront Mixed Use Building:

A building designed for occupancy by retail, service, and/or office uses on the ground floor, with floors above the ground level for those uses or for dwelling units.

b) Corridor Mixed Use Building: A building designed for occupancy by retail, service, and/or office uses on the ground floor, with floors above the ground level for those uses or for dwelling units. The building form takes into account the location adjacent to the Highway 99W and Hall Blvd. Corridors.

c) Corridor Retail Building: A building designed for occupancy by retail, service, and/or office uses on the ground floor, with floors above the ground level also for those uses. The building form takes into account the location adjacent to the Highway 99W and Hall Blvd. Corridors.

d) Office Employment Building: A building designed for occupancy by service, office, and other employment uses on the ground floor, with floors above the ground level also for those uses. Dwelling units are also allowed on the upper floors.

D. Commentary: New buildings must conform to one of the building types described. The areas that each building types is displayed on Map 18.610.X. This only applies to new construction on a property. The allowed building type table is distinct from an allowed use table in that the typologies refer to the building’s form primarily, while only secondarily concerned with use. The land use table for the Mixed Use Town Center District is found in the Commercial Zoning Districts Chapter 18.520. Building types that are not listed are allowable, but must go through Track 3 review. A proposal for a building type in an area different from what is displayed on the map must go through Track 3 review. All New Buildings/Development in the district must meet these development standards. They apply to projects going through the Track 3 discretionary standards as well. Application can be made for a Variance or Adjustment (Chapter 18.370.) To be added: what can be applied for under a variance.

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Residential Building Types e) Multi-Family Residential Buildings: A multi-story building designed for multiple

separate dwelling units. f) Single Family Attached Building: Two or more attached two- or three-story dwellings

with zero side yard setbacks. 2. Other Development: Other new developments that do not conform to the specified building types must follow the Track 3 discretionary Design Review approval process.

Draft Downtown Clear and Objective Development Standards Matrix revised 4/16/08Building Type

Standard Storefront Mixed Use Corridor Mixed Use Corridor Retail Office/EmploymentMult-Family Residential

Single Family Attached

Residential Front Setback* (feet)

Min 0 0 (20 fronting 99and Hall) 0 (20 fronting 99 and Hall) 0 15 10Max 10 10 (30fronting 99 and Hall) 10 (30 fronting 99 and Hall) 10 25 20

Side Setback (facing street)Min 0 0 0 0 15 10Max X ft

Rear Setback***Min 20** 20 20 20 20 20Max

Building height (stories)Min 2 2 2 2 2 2

Max6 (3 bordering Main St or

plaza) 8 8 6

6 (3 bordering park/ low or med density

res district) 3

Max. building height (feet) 90 (40 bordering Main St

or plaza) 120 120 90

90 (40 bordering park/ low or med

density res district) 40Ground floor height min. 15 feet 15 feet 15 feet 15 feet none noneSite Coverage

Max 90% 85% 85% 85% 80% 80%Minimum Landscaping 10% 15% 15% 15% 20% 20%Minimum building frontage 50% 50% 50% 50% 50% 50%

Residential Density units per acre

Minimum 40 15Maximum none none none none none 30

*All buildings fronting an arterial (Hall Blvd and Hwy. 99W) must have a minimum front setback of 20 feet** 0 setback for lots less than 60 feet deep***For Comercial and Mixed Use Buildings, if an alley is provided, no rear setback is required

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E. Approval Process To achieve the purpose of the Downtown Site and Building Design Standards, there are three methods or “tracks” to apply for approval : Track 1: Design Compliance Letter, Track 2: Administrative Review and Track 3: Design Review Board. 1. Design Compliance Letter provides for a Type I review process, using the Clear and Objective Standards. It is intended for smaller renovation projects, which meet the threshold of .1.a 2. The Administrative Review track provides for a more complex process (Type II) that requires staff review utilizing clear /quantifiable standards. It applies to new development and significant renovation/remodeling projects. 3. The Design Review Board Track provides for a Type III review process through which a Design Review Board determines compliance with design guidelines. After receiving design approval, a project will be reviewed under Site Development Review under Chapter 18.360 (Type II decision.) 4. Designing a project to the Clear and Objective Standards would result in an administrative review process. However, the applicant, at their option, may choose to the use Discretionary Review track. 5. Applicability: a. New Development and Redevelopment: All applicable Design Standards apply to new buildings on any vacant or redeveloped site and to new building(s) and related site improvements on any partially developed or developed site. b. Expansion, modification and site improvements to existing development: Applicable standards apply only to the structure or to that portion of a structure or site that is being constructed, modified, or built upon. Refer to section I.D.2. The following projects do not require design review approval:

• Maintenance and repair of a building, structure, or site in a manner that is consistent with previous approvals and/or necessary for safety

• Exterior painting • Any exterior project that doesn’t require a building permit • Interior remodeling • Temporary structures/uses (as defined in Chapter 18.785)

• Modification of landscaping for single family attached buildings. • Any project involving a pre-existing single family residential building or duplex (that has not been converted to a non-residential use.)

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Procedures 1. Track 1: Design Review Compliance Letter using Design Standards

a. Applicability (1) Addition, elimination, or change in location of windows that does not decrease the minimum required window coverage. (2) Addition, elimination, or change in location of entry doors and loading doors. (3) Addition of new and change to existing awnings, canopies, and other mounted structures to an existing façade. (4). For commercial and mixed use developments, modification of up to 15 percent on-site landscaping with no reduction in required landscaping. Modification refers to changing the hardscape elements and the location of required landscape areas and or trees. (5) Modification of off-street parking with no reduction in required parking spaces or increase in paved area.

1. Commentary: The Intention of the Design Compliance Letter is for a simplified approval process for smaller renovation projects, similar to a Minor Modification in the current Development Code. Based on Beaverton’s Design Review Standards.

E. Commentary: There are three potential approval processes or “tracks” for an application to get reviewed. Tracks 1 and 2 use the clear and objective Design Standards as the approval criteria. Track 3 uses the discretionary Design Guidelines as the approval criteria. Specified renovation projects may use Track 1, an Administrative review. Larger renovation projects and new building construction may use Track 2, an Administrative review. The Track 3 process provides the opportunity for well-designed projects, which cannot meet the clear and objective standards for building and site design. The discretionary design guidelines are written as qualitative statements. Unlike the clear and objective design standards, there are typically many acceptable ways to meet each design guideline. Projects would need to meet the Development Standards for Building Typologies, as well as the location on Map 610.X.The decision making authority is the Design Review Board. After design approval has been received the applicant would then use the Site Development Review process (18.360) for review of any other land use, street, utility, issues.

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(6) Addition of new fences, retaining walls, or both. (7) Changing of existing grade. (8) -------

b. Procedure Type The Type I procedure, as described in Section 18.390.030 of this Code, shall apply to an application for Design Compliance Letter. The decision making authority is the Director. The applicant must show compliance to the Design Standards prior to issuance of the Design Review Compliance Letter. c. Approval Criteria: The applicable Design Standard for the project. 2. Track 2: Administrative Review with Design Standards a. Applicability 1. New Development and Redevelopment 2. Renovation project affecting multiple Site and/or Building Design Standards b. Procedure Type The Type II procedure, as described in Section 13.390.040, shall apply to an application using Clear and Objective Standards. The decision making authority is the Director. Applicants are required to identify how their proposed site/building plan meets the design standards, through architectural drawings, illustrations, graphics, photographs, a narrative and other materials that demonstrate how the proposed development implements the intent of the design standards. c. Approval Criteria: Design Standards and Site Development Review Standards 18.360. 3. Track 3 Discretionary Design Review Using Design Guidelines a. Applicability 1. Any project, at the applicant’s option. The applicant may also choose this track if a project is unable to meet a clear and objective standard. 2. Any new development which does not fall under one of the designated building typologies listed in this chapter. b. Procedure Type

1. a. Commentary: Applicability adopted from Beaverton Design Standards

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Applicants are required to identify how their proposed site/building plan meets the intent statements of the design guidelines, through architectural drawings, illustrations, graphics, photographs, a narrative and other materials that demonstrate how the proposed development implements the intent of the design standards.

The Type III procedure, as described in Section 13.390.050, shall apply to an application using Discretionary Design Guidelines. The decision making authority is the Design Review Board. Projects receiving approval still must undergo Site Development Review for land, use engineering, and building approval. c. Approval Criteria: Design Guidelines (and Site Development Review Standards 18.360) Submittal requirements: In addition to the requirements of Section 13.390, all drawings submitted with applications for development using Tracks 2 and 3 shall be stamped by a registered architect. Applications for landscaping projects only may be stamped by a registered landscape architect. F. Pre-Existing Uses and Developments within the Downtown District 1. Applicability. Pre-existing housing units in the MU-CBD district are permitted to continue. Conversion of pre-existing housing units to other uses, including changing the residential use type (such as single units to multi-family units or mobile home park to multi-family) is subject to the requirements of this Chapter. Notwithstanding the provisions of Section 18.760.040 (Criteria for Nonconforming Situations), land uses and associated development in the MU-CBD District that were lawfully in existence at the time of adoption of these standards may continue as lawful uses and developments. However, future additions, expansions, or enlargements to such uses or developments, shall be limited to the property area of said use or development lawfully in existence at the time of adoption of this ordinance, ________, 2008. a) Land uses and associated development that were in existence at the time of the adoption of the MU-CBD district and the Downtown Design Standards may continue on the property. Addition or expansions of these uses shall be limited to the property (specific tax lots) that they occupy. b) An addition, expansion, enlargement, modification, and/or site improvements associated with such lawfully preexisting uses and structures shall be allowed provided the applicant for such proposed project demonstrates compliance with the applicable development code standards. The Downtown Design standards shall be applied to the

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specific structure or to that portion of a structure or site that is being constructed, modified, or built upon. c) If a pre-existing structure or use is destroyed by fire, earthquake or other act of God, or otherwise abandoned then the use will retain its pre-existing status under this provision so long as it is substantially reestablished within one (1) year of the date of the loss. 2. Standards for Projects Involving Existing Structures a) For projects involving existing commercial, industrial, or mixed use developments, the applicable standards are (II.B1-3) (Building Design Standards For All Building Types) and (II.C.1-8) (Building Design Standards For Commercial and Mixed Use Building Types.) A pre-application conference is necessary to determine the applicable standards. b) For projects involving existing multi-family developments, the applicable standards are (II.B1-3) (Building Design Standards For All Building Types) and (D.1-6) (Building Design Standards for Multi-Family Residential Buildings) c) Existing single family buildings and duplexes used for residential purposes are exempt from the standards. For projects involving preexisting housing units that have been converted to non-residential uses, the applicable standards are (II.B1-3) (Building Design Standards For All Building Types) and (D.1-6) (Building Design Standards for Single-Family Attached Residential Buildings)

F. Commentary Based on the Washington Square Regional Center Design Standards. The section addresses nonconforming uses and structures in the Downtown district. It has some differences with Chapter 18.760, Nonconforming Situations. Additions and modifications of existing nonconforming structures are permitted. As the proposed development standards would create many nonconforming developments, the proposed code requires only the addition or modification to the structure conform to the new code requirements. For example, for an application to add windows to the façade of an existing building would only have to meet the window standards (window coverage, trim, etc.) and not the other façade standards (awnings, etc.) The proposed code also permits nonconforming uses and structures to continue if destroyed, as long as it is reestablished within one year. Chapter 18.760 permits only 6 months. Washington Sq. specifies 3 years to reestablish, but only if destroyed by fire, earthquake, or other act of god. The proposed language would allow up to a year to reestablish an abandoned use. The reason for the more permissive standard is to lessen the likelihood that buildings would stand empty and unused during the expected transition of downtown.

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II. Building and Site Design Standards A. Site Design Standards For All Building Types 1. Buildable Area

a) Buildings may occupy any portion of the lot behind the required building line (RBL) exclusive of any setbacks required by this code, provided that a minimum of 50% of the building is built to the required building line.

b) No part of any building, except overhanging eaves, bays, awnings, or balconies shall overhang the RBL.

2. Parking Location Parking is allowed on the side or rear of newly constructed buildings provided that:

a) Parking is set back to the required building line (RBL), a minimum of 10’ from the front property line.

b) When abutting a public street, parking areas must include 6’ of perimeter landscaping.

c) Where a parking lot shares a property line with an adjacent parking lot, the perimeter landscape requirement along the shared property line is not required.

d) Parking area shall not exceed 50% of the total frontage of the site.

3. Street Connectivity A. Purpose. Submitted plans must be in accordance with the Downtown Circulation element of the city’s Transportation System Plan. These standards ensure connectivity and access for all transportation modes in the MU-CBD District. Each new development shall ensure the construction of proportionate public streets, pedestrian walkways, bicycle, and transit facilities. In addition each development shall ensure safe access to land uses on the site and connections to the public street system. In some areas, public pedestrian alleys are essential to implement the adopted circulation plan. These are shown on the circulation map. B. Demonstration of standards. All development must demonstrate how one of the following standard options will be met. Variance of these standards may be approved per the requirements of Section 18.370.010 where topography, barriers such as railroads or

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freeways, or environmental constraints such as major streams and rivers prevent street extensions and connections. a. Local street spacing shall provide public street or alley connections at intervals of no more than 400 feet. b. Bike and/or pedestrian connections on public easements or right-of-way shall be provided at intervals of no more than 200 feet.

B. Building Design Standards For All Building Types

1. Equipment Screening a) Roof mounted mechanical equipment shall be screened by one or more of the following ways: (Solar panels and green roof features are exempt from this requirement):

(1) By providing parapets as tall as the tallest part of the equipment. (2) By incorporating an architectural screen around the equipment. (3) By setting back the equipment from the street-facing elevation such that it is not visible from the public street(s). {define }

b) Elevator mechanical equipment may extend above the height limit a maximum of 16 feet provided that the mechanical shaft is incorporated into the architecture of the building. All other mechanical equipment shall be limited to 10 feet in height and may comprise no more than 10% of the overall roof area. c) Other exterior mechanical equipment (electrical boxes, etc.) shall be screened from view from adjacent ROW, public spaces, and parking areas in one of the following ways:

(1) A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry; or (2) Setback from the street facing elevation so it is not visible from the public ROW; or (3) Dense evergreen foliage that forms an opaque barrier when planted and that will be regularly maintained.

2. Roof Forms a.) The roof form of a building shall follow one (or a combination) of the following forms:

(1) Flat Roof with Parapet or Cornice

Commentary: A Downtown Circulation Plan will be completed in the future with potential new automobile, bicycle, and pedestrian connection, which new development will be required to address. The standards will be implemented through site plan review.

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(2) Hip Roof (3) Gabled Roof (4) Full Mansard Roof (5) Dormers (6) Shed Roof

b) All sloped roofs exposed to view from adjacent public or private streets and properties shall have a minimum 5/12 pitch. c) Sloped roofs, shall have eaves, exclusive of rain gutters, that must project from the building wall at least twelve inches. d) All flat roofs or those with a pitch of less than 5/12 shall be architecturally treated or

articulated with a parapet wall or cornice that must project vertically above the roof line at least twelve inches and project from the building face at least 6 inches.

e) When an addition to an existing structure or a new structure is proposed in an existing development, the roof forms for the new structures shall have similar slope and be constructed of the same materials as the existing roof. f) Green roof features and/or rooftop gardens are encouraged. As part of the development permit, applicant shall execute a covenant ensuring the maintenance of

any green roof. The covenant shall be approved by the City Attorney. 3. Materials The following exterior building materials or finishes are prohibited:

a) Vinyl siding b) T-111 or similar sheet materials c) Plain concrete block (not including split faced, colored, or other block designs

that mimic stone, brick, or other masonry.) Foundation material may be skim coated concrete block where the foundation material is not revealed for more than 2 feet.

d) Mirrored glass

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C. Building Design Standards For Commercial and Mixed Use Building Types

Storefront Mixed Use Building Definition: A building designed for occupancy by retail, service, and/or office uses on the ground floor, with floors above the ground level also for those uses and/or for dwelling units.

Corridor Commercial/ Mixed Use Buildings Definition A building designed for occupancy by retail, service, and/or office uses on the ground floor, with floors above the ground level also for those uses and/ or for dwelling units. The building form takes into account the locations adjacent to the Highway 99 W and Hall Blvd. Corridors.

Office/Employment Buildings Definition: A building designed for occupancy by service, office, and other employment uses on the ground floor, with upper floors also for those uses. Dwelling units are also allowed on the upper floors.

Sample illustration

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Building Design, Form and Appearance 1. Street Façade

• On each lot the building façade shall be built to the RBL (required building line) for at least fifty percent (50%) of the ground floor required building line length.

• The building façade shall be built to the RBL and GFRBL (ground floor required building line) within twenty five (25) feet of a block corner. If the proposed development is on a full block, application of the corner standard to the streets with the highest functional classification.

• The portions of the building façade (required to meet the minimum build to line) may include jogs of not more than eighteen (18) inches in depth to help break up the massing of the façade.

• Buildings more than 4 stories are required to step back (10 feet) from the RBL at the fourth story.

2. Primary Entry

• At least one entry door is required for each business with a ground floor frontage. • Each entrance shall be covered, recessed, or treated with a permanent

architectural feature in such a way that weather protection is provided. • At the primary building entrance, the elevation of the ground floor shall be within

0 to 12 inches above the adjacent sidewalk grade. • All primary ground-floor common entries shall be oriented to the street or a

public space directly facing the street, not to the interior or to a parking lot.

3. Windows • Minimum window coverage for street-facing wall (Minimum window coverage

includes any glazed portions of doors)

Building Type Ground Floor Minimum Upper Floor Minimum Storefront Mixed Use 60% 30% Corridor Mixed Use 60% 30% Corridor Retail 60% 30% Office/Employment 50% 30%

Window coverage of other (non-street-facing) façade walls: Ground Floor: 20% Each Upper Floor: 20% • First Floor Windows/Doors: The bottom edge of windows along pedestrian

ways shall be constructed between 12 and 30 inches above the adjacent walkway surface.

• Upper Floor Windows/Doors: Windows shall be vertically oriented ( a minimum vertical to horizontal dimension ratio of 2:1. )The required upper floor

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window/balcony door percentage does not apply to floors where sloped roofs and dormer windows are used.

• Window Shadowing: Windows shall be designed to provide shadowing. This can be accomplished by: i) recessing windows 3 inches into the façade and/or ii) incorporating trim of a contrasting material or color.

• Windows shall not be mirrored or treated in such a way as to block views into the window.

4. Weather Protection a) A Projecting Facade Element (awning, marquee, or balcony) is required, on the

street facing façade of the street with the highest classification. b) Awnings/Marquees may project 3' to 6' from the facade. c) Balconies/Decks may project up to 6' from the facade. d) The element shall have a minimum 10' clearance from the bottom of the element

to the sidewalk. e) Projecting and blade signs are permitted and must have at least 8 feet clearance

from the bottom of the sign to the sidewalk. f) Awnings must match the width of storefronts or window openings g) Internally lit awnings are not permitted h) Awnings must be made of glass, metal, or exterior grade fabric (or a combination

of these materials) 5. Cohesive Architectural Facades Divide the ground floor of commercial/mixed use storefronts into distinct architectural bays that are no more than 30 feet on center. For the purpose of this standard, an architectural bay is defined as the zone between the outside edges of an engaged column, pilaster, post, or vertical wall area. Well-designed buildings consist of elements that repeat within each distinct architectural bay. For each architectural bay, incorporate a minimum of three different elements:

• Building lighting (minimum of a pair) • Suspended signs / blade signs • Canopies or overhangs (3’ minimum, measured from either the face of the column or the street facing elevation) • Transom windows • Storefront frieze, horizontal sign band, or a belt course above the transom

window or mezzanine level • Built-in window plant box (minimum of one per window) • Projected window sill (12” to 24” above grade) • Medallion (minimum of a pair or one for a building with a single door)

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6. Tri-Partite Facades • Buildings shall have three clearly defined elements; a base (extends from the

sidewalk to the bottom of the second story or the belt course/string course that separates the ground floor from the middle of the building).; a middle (distinguished from the top and base of the building by use of building elements); and a top (roof form/ element at the uppermost portion of the facade that visually terminates the façade). A tripartite façade creates a unified façade and breaks up vertical mass. This standard applies to buildings two stories and above.

7. Corners

For buildings at the corner of two public streets or a street and public area: • Locate the primary entry to the building at the corner • Incorporate a prominent architectural element, such as increased building height

or massing, a cupola, a turret or a pitched roof at the corner of the building or within 20’-0” of the corner of the building.

• The corner of the building shall be at a minimum of 10’ from the street corner and be shall be either -cut at a 45 degree angle, or - a similar dimension “rounded” corner/turret.

• Incorporate a combination of special paving materials, street furnishings and, where appropriate, plantings, in addition to the front door.

Site Design/Development Standards 8. Outdoor Space For buildings with more than 4 residential units, a minimum of 48 square feet of outdoor space per unit is required. The outdoor space may be in the form of a common open space, such as a rooftop garden, or private space, such as balconies, or a combination of both.

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D. Building Design Standards For Multi-Family Residential Buildings

Multi-Family Residential Buildings Definition: A multi-story building designed for multiple separate dwelling units. Building Design, Form and Appearance 1. Street Façade

• On each lot the building façade shall be built to the RBL (required building line) for at least fifty percent (50%) of the ground floor required building line length.

• The building façade shall be built to the RBL and GFRBL (ground floor required building line) within twenty five (25) feet of a block corner. If the proposed development is on a full block, apply the corner standard to the streets with the highest functional classification.

• The portions of the building façade (required to meet the minimum build line) may include jogs of not more than eighteen (18) inches in depth to help break up the massing of the façade.

• Buildings taller than 4 stories are required to step back 10 feet from RBL 2. Primary Entry Entry Door: The primary entrance to each building shall be covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided.

• All primary ground-floor common entries or individual unit entries of street frontage units shall be oriented to the street or public right-of-way, not to the interior or to a parking lot and shall be covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided.

3. Weather Protection

Projecting Facade Element(s) (awning, marquee, or balconies) are required, on the street facing façade. • Awnings/Marquees may project 3' to 6' from the facade.

Sample illustration

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• Balconies/Decks may project up to 6' from the facade. • The element shall have a minimum 10' clearance from the bottom of the element

to the sidewalk. • Awnings must be made of glass, metal, or exterior grade fabric (or a combination)

4. Windows

• Minimum window coverage for street-facing wall (Minimum window coverage includes any glazed portions of doors) Ground Floor: 30% Upper Floor: 30%

Window coverage of other (non-street-facing) façade walls: Ground Floor: 20% Each Upper Floor: 20%

• Window Shadowing: Windows shall be designed to provide shadowing. This can

be accomplished either by: 1) recessing windows 3 inches into the façade and/or 2) incorporating trim of a contrasting material or color.

5. Cohesive Architectural Design

Incorporate a minimum of two of the following elements into the facade: • A building design element (such as a facade detail) with a motif relating to natural

features or Fanno Creek. • Trim used to mark all building roof lines, porches, windows and doors that are on

a primary structure’s elevation(s). • Horizontal projections or offsets, such as towers or turrets, which extend at least 5

feet from the front elevation and the height of the building up to the eaves. Projections or offsets shall be at least 3 feet in depth and 8 feet in width;

• Changes in roof elevations, roof dormers, hips, or gables;

Site Design 6. Private Outdoor Space: a. Each dwelling unit shall have private open space, such as a private porch, a deck, a balcony, a patio, an atrium, or other outdoor private area. The private open space shall be contiguous with the unit in a single area. A minimum of 48 square feet of private open space is required.

Commentary: From 21st Century Land Development Code

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E. Design Standards For Single-Family Attached Residential Buildings

Single-Family Attached Residential Buildings Definition: Two or more attached two- or three-story dwellings with zero side yard setbacks. 1. Street Façade

• On each lot the building façade shall be built to the RBL (required building line) for at least fifty percent (50%) of the ground floor required building line length.

• The building façade shall be built to the RBL and GFRBL (ground floor required building line) within twenty five (25) feet of a block corner. If the proposed development is on a full block, apply the corner standard to the streets with the highest functional classification.

• The portions of the building façade (required to meet the minimum build line) may include jogs of not more than eighteen (18) inches in depth to help break up the massing of the façade.

2. Primary Entry

• Entry Door: The primary entrance to each building unit shall be covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided.

• All primary ground-floor common entries or individual unit entries of street frontage units shall be oriented to the street or public right-of-way, not to the interior or to a parking lot.

• Only one entrance must meet this standard.

Sample illustration

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3. Windows • Window Shadowing: Windows shall be designed to provide shadowing. This can

be accomplished either by: 1) recessing windows 3 inches into the façade and/or 2) incorporating trim of a contrasting material or color.

• Window coverage for street-facing wall (Minimum window coverage includes any glazed portions of doors) Ground Floor: 30% Each Upper Floor: 30%

Window coverage of other (non-street-facing) façade walls: Ground Floor: 20% Each Upper Floor: 20%

4. Cohesive Architectural Facades

• Trim detail. Trim shall be used to mark all building roof lines, porches, windows and doors that are on a primary structure’s elevation(s).

5. Garage entry Use rear loading whenever possible. Add specific standards

Site Design/Development Standards 6. Private Open Space: A minimum of _100_ square feet of private open space per unit is required. F. Special Requirements for Development Bordering Urban Plaza For developments that border the planned Urban Plaza specified on Map .X, or future adopted site, active groundfloor uses are required. For the purposes of this chapter, active uses are defined as sales-oriented retail, and eating and drinking establishments.

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III. Building and Site Design Guidelines (to be used with Track 3 Approval Process) A. Applicability: The following guidelines apply to all development using the Track 3 Approval Process. B. Approval Criteria:

Applicants are required to identify how their proposed site/building plan meets the intent statements of the design guidelines, through architectural drawings and a narrative. Applications using the Track 3 process must also show compliance with the development standards of the building type set forth in section I .( I) and (J). After design approval, applications must undergo Site Development Review for access, storm water, utilities , etc.

Building Design, Form and Appearance

1. Create Vibrant Streetscapes and Rights-of-Way This guideline can be accomplished by:

A) Building elevations that foster vibrant and pedestrian oriented streetscapes B) Building entrances that are a prominent and legible feature of the façade. C) Building facades that allow visual connections from the sidewalk into the

ground floor D) Building entrances that are a prominent and legible feature of the façade.

III. Commentary: Track 3 is available is an alternative way of review that ensures projects that are unable to meet the design standards will have good design principles. The Building and Site Design guidelines are qualitative statements, with multiple ways of accomplishing. The application would address each applicable guideline through a narrative graphics, and architectural drawings. The decision making process is Type III with the Design Review Board as the decision making authority. After design approval has been received the applicant would then use the Site Development Review process (18.360) for review of any other land use, street, utility, issues. A Design Review Board may consist of a new volunteer board, appointed by Council or a subcommittee of the Planning Commission. A potential configuration is five members with at least three involved in architecture, landscape architecture, or a design specialty.

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E) Mechanical equipment screened from view of neighboring rights-of-way.. 2. Provide Weather Protection This guideline can be accomplished by:

A) Building facades that provide protection from the weather for pedestrians.

B) Incorporating awnings, balconies and marquees that: Are compatible with the building style Utilize durable high quality materials Do not interfere with street trees, lights, signage, public utilities For commercial and mixed use buildings, match the width of storefronts

or window openings and frame the storefront Have a shape that relates to the building façade’s architectural elements

3. Utilize Unifying Design Elements This guideline can be accomplished by:

A) Relate to horizontal façade articulation and massing of surrounding development.

B) Utilize building and site design elements that connect Fanno Creek Park or extend natural elements to the Downtown.

4. Assure Building Quality, Permanence and Durability

This guideline can be accomplished by: A) New buildings shall use materials and finishes that convey an

impression of permanence and durability. B) Windows, doors, roofs, and weather protection shall appear to be an

integral part of the building design 5. Design Coherent Buildings

This guideline can be accomplished by: A) Buildings that establish cohesive architectural elements. B) Buildings that exhibit a unified design. C) Ground floors that are differentiated from upper floor by use of architectural features such as different exterior materials, awnings, signs, and large windows. D) Roof forms that are integrated into the overall design of the building.

6. Create Street Corners with Strong Identity

This guideline can be accomplished by: A) Employing architectural features at street corners that create a strong identity and

opportunities for activity.

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Site Design 7. Promote Ease of Movement for Pedestrians This guideline can be accomplished by: A) Designing buildings that support ease of movement for pedestrians and create a

pedestrian-oriented environment through design of ground floors, alleys and parking lots

B) Connecting to the pedestrian system C) Ensuring buildings and private activities, including loading, waste removal, and

driveways do not obstruct the sidewalk and any internal circulation systems. D) Orienting new development to public transit facilities. 8. Develop Transitions Between Public and Private Space This guideline can be accomplished by: A) Incorporating transitions between public and private spaces B) Orienting building entrances, lobbies, balconies, terraces, windows, and active use areas to the public and private open spaces, including parks and plazas. 9. Create Pedestrian-Friendly Block Sizes This guideline can be accomplished by: A) Creating pedestrian-friendly block sizes by providing right-of -way for new streets, alleys, and pedestrian and bicycle connections

10. Provide Adequate Outdoor Spaces

This guideline can be accomplished by: A) For multi-family residential buildings, providing adequate private and common

open space areas for residents. Private open spaces such as balconies, patios and similar spaces shall be oriented to household use, and provide sufficient space for the enjoyment of the occupants. Common open spaces, such as courtyards, play areas, rooftop gardens, outdoor recreation facilities and similar spaces shall be sufficient in size and function for the enjoyment of all occupants of the development.

B) For attached single family buildings, providing adequate private space areas for residents

11. Integrate Natural Features and the Open Space System into Downtown

This guideline can be accomplished by: A) Promoting building and site design sensitive to natural resource protection and enhancement; addressing the relationship to Fanno Creek Park; promote the creation of a green connection to Fanno Creek Park by the use of street trees, landscaped plantings, green roofs, and small scale open space plazas and pocket parks; promote the creation of public art; and use energy efficient design.

10. Commentary: Language adopted from the State of Oregon Infill and Redevelopment Code Handbook.

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12. Promote Safety and Security

This guideline can be accomplished by: A) Addressing crime prevention in building and site design through defensible spaces,

lighting, and features that allow observation and “eyes on the street.” Chapter Definitions: Build-to Line. The build-to line is the maximum distance a building may be set back from the front property line. (Lake Oswego) Required Building Line (RBL): Building setback distance varying by building type that is measured from the property line abutting a street at which point a building must be placed. Related Chapters 18.705 Access Egress and Circulation 18.725 Environmental Performance Standards 18.745 Landscaping and Screening 18.755 Mixed Solid Waste and Recyclable Storage 18.765 Off-Street parking and loading requirements

o Potential reduction of minimum required off street parking for some uses. 18.775 Sensitive Lands 18.780 Signs

o Delete current CBD requirements. Add new MU-CBD requirements, including specifically allow blade signs (with 8 foot clearance.)

Commentary: Applications for development will also have to meet the requirements of the following chapters. After review of how the new chapter fits in with the rest of the Development Code, additional minor code changes may be needed in these chapters.

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18.790 Tree Removal 18.795 Visual Clearance 18.798 Wireless Communication Facilities 18.810 Street and Utility Improvement Standards